Recommendation CM/Rec(2019)1 of the Committee of Ministers to member States on preventing and combating sexism 1 /5

The Committee of Ministers, under the terms of Article 15.b of the Statute of the Council of Europe,

Recalling that gender equality is central to the protection of human rights, the functioning of democracy and good governance, respect for the rule of law and the promotion of well-being for all, that it entails equal rights for women and men, girls and boys, as well as the same visibility, empowerment, responsibility and participation in all spheres of public and private life, and that it implies equal access to and distribution of resources between women and men, as set out in the Council of Europe Gender Equality Strategy 20182023;

Recalling that discrimination on the grounds of sex and/or gender constitutes a violation of human rights and an impediment to the enjoyment of human rights and fundamental freedoms, as recognised by the United Nations Committee on the Elimination of Discrimination against Women in its General Recommendation No. 28 on the core obligations of States parties under Article 2 of the Convention on the Elimination of All Forms of Discrimination against Women;

Recalling that sexism is a manifestation of historically unequal power relations between women and men, which leads to discrimination and prevents the full advancement of women in society;

Noting that sexism is widespread and prevalent in all sectors and all societies;

Affirming that sexism is reinforced by gender stereotypes affecting women and men, girls and boys, and runs counter to achieving gender equality and inclusive societies;

Noting that sexism constitutes a barrier to the empowerment of women and girls, who are disproportionately affected by sexist behaviour; and further noting that gender stereotypes and inherent biases shape the norms, behaviour and expectations of men and boys, and therefore lead to sexist acts;

Concerned that sexism is linked to violence against women and girls, whereby acts of “everyday” sexism are part of a continuum of violence creating a climate of intimidation, fear, discrimination, exclusion and insecurity which limits opportunities and freedom; 

Noting that women and girls can be subject to multiple and intersecting forms of discrimination and may face sexism combined with other norms or behaviour which are discriminatory, hateful or harmful;

Aware that sexism and sexist behaviour are perpetrated at the individual, institutional and structural levels, and experienced with detrimental effect at all three levels, and that measures to prevent and combat sexism should therefore be taken at all levels;

Recalling the 1979 United Nations Convention on the Elimination of All Forms of Discrimination against Women (CEDAW), which requires States parties to take all appropriate measures “to modify the social and cultural patterns of conduct of men and women, with a view to achieving the elimination of prejudices and customary and all other practices which are based on the idea of the inferiority or the superiority of either of the sexes or on stereotyped roles for men and women”;

Bearing in mind the objectives set forward in the Beijing Declaration and Platform for Action adopted by the United Nations Fourth World Conference on Women (1995), and in particular the Report of the Beijing+20 Regional Review Meeting for Europe, organised by the United Nations Economic Commission for Europe in 2014, which indicated that “discriminatory stereotypes remain widespread, and affect women’s education and participation in the economy and in public life”;

Bearing in mind the United Nations 2030 Agenda for Sustainable Development, including Sustainable Development Goal 5 (“Achieve gender equality and empower all women and girls”), Sustainable Development Goal 16 (“Promote peaceful and inclusive societies for sustainable development, provide access to justice for all and build effective, accountable and inclusive institutions at all levels”) and Sustainable Development Goal 4 (“Ensure inclusive and equitable quality education and promote lifelong learning opportunities for all”), which are of universal application;

Taking account of the United Nations Convention on the Rights of the Child (1989) and its prohibition of discrimination based on the child’s or his or her parent’s or legal guardian’s sex;

Recalling the Convention for the Protection of Human Rights and Fundamental Freedoms (ETS No. 5) and its prohibition of discrimination in the enjoyment of human rights;

Recalling that combating gender stereotypes and sexism and ensuring the integration of a gender equality perspective in all policies and measures are priority objectives in the Council of Europe gender equality strategy documents and recommendations;

Recalling that the Council of Europe Convention on Preventing and Combating Violence against Women and Domestic Violence (CETS No. 210, Istanbul Convention) requires parties “to promote changes in the social and cultural patterns of behaviour of women and men with a view to eradicating prejudices, customs, traditions and all other practices which are based on the idea of the inferiority of women or on stereotyped roles for women and men”, and that the Istanbul Convention also requires that parties criminalise stalking and take the necessary measures to ensure that sexual harassment is subject to criminal or other legal sanctions;

Taking account of the European Social Charter (ETS No. 35, ETS No. 163 [revised]) and its provisions on equal opportunities, non-discrimination and the right to dignity at work;

Recalling that the European Court of Human Rights in its case law has reiterated that the advancement of gender equality is today a major goal in the member States of the Council of Europe and that reference to traditions, general assumptions or prevailing social attitudes are insufficient justification for a difference in treatment on grounds of sex. Furthermore, the Court has indicated that gender stereotypes, such as the perception of women as primary child-carers and men as primary breadwinners, cannot of themselves justify a difference in treatment;

Recalling the following recommendations of the Committee of Ministers to member States: CM/Rec(2007)13 on gender mainstreaming in education; CM/Rec(2007)17 on gender equality standards and mechanisms; CM/Rec(2013)1 on gender equality and media; and CM/Rec(2017)9 on gender equality in the audiovisual sector;

Referring to General Policy Recommendation No. 15 on combating hate speech, adopted by the European Commission against Racism and Intolerance (ECRI) in December 2015, which includes sexist hate speech;

Taking account of the Council of Europe Strategy for the Rights of the Child (2016-2021), which stresses the need to fight discrimination and violence, particularly sexual violence and the need to promote equality between girls and boys including by continuing to address stereotypes, sexism and over-sexualisation, notably in the media and education;

Taking account of the Council of Europe Internet Governance Strategy 2016-2019 and its call for monitoring action to protect everyone, in particular women and children, from online abuse, including cyberstalking, sexism and threats of sexual violence;

Recalling Resolutions 2119 (2016), 2144 (2017) and 2177 (2017) of the Parliamentary Assembly of the Council of Europe, respectively on “Fighting the over-sexualisation of children”, “Ending cyberdiscrimination and online hate” and “Putting an end to sexual violence and harassment of women in public space”;

Drawing on the outcomes of implementing the above-mentioned instruments and documents at international, national, regional and local levels, including achievements and challenges;

Mindful that, despite the existence of standards at international, national and regional levels guaranteeing the principle of gender equality, a gap still persists between standards and practice, between de jure and de facto gender equality;

Acknowledging that the prevalence of different manifestations of sexism is closely linked to the persistent difficulties in achieving gender equality, and desirous to tackle sexism as a critical cause and consequence of gender inequality;

Noting the lack of an internationally agreed definition of “sexism” and of a dedicated legal instrument to tackle it;

Aspiring to create a Europe free from sexism and its manifestations,

Recommends that the governments of member States:

1. Take measures to prevent and combat sexism and its manifestations in the public and private spheres, and encourage relevant stakeholders to implement appropriate legislation, policies and programmes, drawing on the definition and guidelines appended to this Recommendation;

2. Monitor progress in the implementation of this Recommendation and inform the competent Council of Europe steering committee(s) of the measures undertaken and the progress achieved in this field;

3. Ensure that this Recommendation, including its appendix, is translated and disseminated (in accessible formats) to relevant authorities and stakeholders.

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